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The Copyright Law Journal  is unique in that it is written entirely by Neil Boorstyn. Mr. Boorstyn is recognized as one of the country’s leading copyright and computer law experts. His vast experience as a copyright lawyer, litigator, consultant, writer, lecturer, and teacher makes him especially qualified to provide the information you need with accuracy and authority.

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In the latest issue of The Copyright Law Journal:

MESHWORKS v. TOYOTA MOTOR SALES: The Tenth Circuit affirmed that digital wire-frame computer models that depict unadorned images of Toyota’s motor vehicles are not sufficiently original to warrant copyright protection
LENNON v. PREMISE MEDIA: The District Court held that because defendants are likely to prevail on their fair use defense relating to their use in a movie of a 15-second excerpt of John Lennon’s song "Imagine," plaintiffs were not entitled to a preliminary injunction
APPLE v. PSYSTAR: The District Court concluded that copyright misuse may be asserted as a defense to a copyright infringement action as well as a counterclaim in such action
JACOBSEN v. KATZER: The Federal Circuit concluded that copyright owners who engage in "open source" licensing have the right to control the modification and distribution of their copyrighted material
BRIEFLY NOTED: Some recent cases relating to the statute of limitations and tolling
 

PRACTICE TIPS

To the extent a photograph is original in the creation of the scene or subject, copyright protection extends to the scene or subject
Although defendant’s conduct is relevant to the fairness of its use, failure to obtain permission to use a copyrighted work does not evidence bad faith so long as the use is fair
A copyright owner may not use his copyright to obtain monopoly-like control over uncopyrightable material
Several types of "open source" licenses have been designed to provide copyright owners a means to protect and control copyrights dedicated to the public

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Providing helpful guidance and practice tips since 1984